Publications

Abstract. In this article, the author considers alternatives to criminal prosecution under the Liechtenstein Criminal Procedure Code of 1988 on the basis of normative and doctrinal sources. The interest in this topic is not accidental – this institution is one of the most developed in the legal system of the principality. The general conditions of alternative criminal prosecution are analyzed, it is shown to what procedural moment and on whose initiative they can be applied. The grounds for refusing criminal prosecution against both individuals and legal entities are investigated, since both, according to Liechtenstein law, can be given the status of an accused. It is shown that these alternatives, as a rule, have a conditional character and if the accused has not fulfilled the duties assigned to him, then criminal proceedings against him are subject to resumption. Since one of the tasks of restorative justice is to protect the rights and legitimate interests of the victim, the Liechtenstein legislator regulates in detail his participation in various conciliation procedures with the participation of the accused through the mediation of the body conducting the proceedings in the case. This article may be of interest to anyone who is interested in foreign criminal proceedings, as well as the grounds and mechanism for releasing a person from criminal liability in the legislation of foreign states.

The article examines and compares the basic foundations (principles) of civil procedural law in Russia and France. The different vectors of the evolution of the French and Russian models of the process are noted. The article identifi es norms that cause diffi culties in judicial practice, as well as gaps in procedural law. It is proposed to pay attention to a number of norms enshrined in the Code of Civil Procedure of France in order to discuss the feasibility of their implementation in Russian law.

The article discusses the problem of the limited institution of the business ombudsman in Russia for the effective minimization of corruption risks in case of unjustified criminal prosecution of entrepreneurs in the conditions of insufficient independence of the judicial system. The study assumes an analysis of the use of corruption risks, which consist in the incorrect application of Art. 159, art. 171, art. 198-199.2 of the Criminal Code of the Russian Federation, part 1.1 of Art. 108 of the Code of Criminal Procedure of the Russian Federation, etc. The current functions of the Commissioner under the President of the Russian Federation for the protection of the rights of entrepreneurs are considered, using which attempts to mitigate such risks are carried out. With the help of formal legal and systemic methods, the current legislation is investigated, as well as draft laws with a view to expanding the capabilities of the business ombudsman to more minimize the possibility of corruption pressure on representatives of Russian business. Based on the analysis carried out, the authors formulated recommendations for amending the Federal Law "On the Commissioners for the Protection of the Rights of Entrepreneurs in the Russian Federation", the Criminal Procedure Code of the Russian Federation and the Penal Code of the Russian Federation, it is proposed to expand the capabilities of the Commissioners to protect entrepreneurs from corrupt practices. The study takes into account the political context of the business ombudsman's activities and provides recommendations for transforming his status.

The report is devoted to the analysis of the possibilities of using artificial intelligence technologies in the field of preventing legal risks and combating corruption in the public and commercial sectors through legal and anti-corruption monitoring of the performance of official functions in corruption-prone areas. This applies to public and corporate procurement, control and supervision, law enforcement and judicial activities, and a number of other activities, analysis of expenses and official income of accountable persons, recruitment and management of personnel, due diligence of counterparties and the effective implementation of many compliance control functions.

The article analyzes the Russian innovation of removal of a judge, based on legislation after entry into force of a Federal Law amending the Constitution of the Russian Federation and compares it with the process of impeachment, one long-known in countries of the Anglo-American legal system, and used in the United States in particular. The article is aimed at identifying the commonalities, differences, and priorities of judicial removal procedures in Russia and the U.S.A. The author conducts to that end a comparative legal analysis of all stages of removal, as well as of the activities of the subjects of judicial removal proceedings in the United States and Russia, starting with the initiation of proceedings and up to the termination of the judge’s authority. In the author’s view, an American judge’s impeachment is a quasi-judicial procedure, which deserves attention because of its greater guarantee of judicial independence and its protection against persecution and arbitrariness leading to conviction and removal from office. This is facilitated by, first, mandatory participation of a body of the Judicial Com- munity, the Judicial Conference; second, the participation of Congress in impeachment decision making, so as to guarantee the independence of the procedure, including its independence from the executive branch; thirdly, in order to ensure the independence of the judiciary in the American impeachment model, the principles of transparency, openness to the public and adversarialness are its basic elements; and fourthly, decisions advancing the impeachment of a judge are taken collegially at all stages of the procedure.

Abstract. Exercising its positive obligation to ensure the effective protection of the rights and freedoms of citizens, the rule of law State strives to create favorable conditions for the independent activity of judges. This is what mainly determines their special legal status in democratic societies and various guarantees of such independence. One of such guarantees is the financial and social security of judges, corresponding to their high status. In addition to the size and volume of such security that, as a rule, is the main focus of international and national institutions, the order of their formation and provision plays an important role in achieving the expected result, since it is the precariousness of the provisions regulating them that can not only nullify the guarantee of independence in question, even taking into account the high volume of material security, but also turn it into an instrument of pressure on judges. The paper examines the quality of regulation of the grounds and conditions for providing financial support to judges. Based on the results of the analysis, the author reveals contradictions in the terms used by the legislator, shortcomings in the order of formation of the final monthly remuneration of judges — in terms of structural and subject composition, in the formality and wide discretion of assessments of the compliance of judges with individual payments, as well as in the negative difference between the salaries of judges of different levels that has developed because of this. At the same time, the paper also contains very useful conclusions and recommendations at the end of each of the sections, contributing to the resolution of the shortcomings and problems identified in the paper. The author’s conclusions are mostly based on both international recommendations and a comparative analysis of foreign positive experience, which undoubtedly strengthens the argumentation presented in the paper.

The article discusses various approaches to the revival of the death penalty in Russia.

The author, considering the problems of qualifying the crime under Art. 1853 of the Criminal Code of the Russian Federation, substantiates the conclusion that the methodological recommendations approved by the Bank of Russia, make it impossible to prosecute a person for market manipulation in transactions with illiquid securities, and that excessive income as a crime-generating consequence, specified in Art. 1853 of the Criminal Code of the Russian Federation, acts as a derivative consequence of another mandatory crime-generating consequence – significant fluctuations of the parameters of bidding in securities; these consequences cannot occur simultaneously.

This article discusses various issues related to the functioning of the Kosovo Specialist Chambers and Specialist Prosecutor’s Office: the prerequisites for their creation, the thorny path of their formation, the legal basis for their activity, and the procedural and practical features of their work. The authors briefly consider the experience of the International Criminal Tribunal for the former Yugoslavia regarding crimes committed on the territory of the then-Yugoslav province of Kosovo. In particular, some data are provided on the numbers of investigated and eventually criminally prosecuted Kosovo Serbs and Kosovo Albanians, as well as the challenges of investigations against currently active political leaders who enjoy popular support in Kosovo. Further, an overview is offered of criminal cases currently being considered by the Specialists Chambers, including those against the former President and the Speaker of the Parliament of the “Republic of Kosovo”. The article also considers various particular political aspects which are inseparable from international criminal justice in general, as well as from these Chambers, and have great influence on its procedures. The article emphasizes that the Kosovo Specialist Chambers is a hybrid (internationalized) court that radically differs from preceding international juridical bodies. In particular, only international judges take part in its activities; it is located not in the capital of this post-conflict territory, but in the Hague; and national authorities do not have the burden of financing its actions. The personal composition of the Specialist Chambers is separately considered, with the biographies of its judges being briefly analyzed. Also, an overview of the procedural specificities of its investigations, including detention and cooperation with Kosovan law enforcement authorities. In addition, the article highlights the paradoxical situation where representatives of the international community, working under the auspices of the EU, had to apply the Criminal Code and the Constitution of a partially recognized state-like entity to the extent that these do not contradict general international law. This article also describes a novelty that was introduced in the Chambers, namely creation of the position of Ombudsman, designed to protect the rights of the employees and other persons involved in its activities. In conclusion, the authors note that it is too early to draw conclusions regarding the worthwhileness of creating this body and regarding its effectiveness.

Resume: The author, on the basis of normative and doctrinal sources, examines criminal proceedings in the Principality of Liechtenstein. Both its history and current state are analyzed. Sources, principles, participants in the criminal process, coercive measures, rules for the production of investigative actions are considered. Investigated the movement of the case by stages from the police inquiry to the execution of the sentence. The monograph may be of interest to students, graduate students, teachers of law faculties of universities, as well as anyone interested in comparative jurisprudence and criminal procedure in foreign countries.

The monograph presents the author's vision of the object, concept and system of financial crimes. The specifics of the composition, unfinished crime, complicity in a crime and circumstances excluding the criminality of an act in the context of a financial crime are considered. On examples from judicial practice, the most complex and practically relevant issues of qualifying financial crimes are analyzed.

Abstract. The article examines the views of the outstanding Italian criminologist Enrico Ferri on various issues of criminal justice, expressed in “Criminal Sociology”. It analyzes his arguments concerning the goals of justice, stability of the criminal code, the need for unity of civil and military justice. The article offers counterarguments against Enrico Ferri’s list of exceptions to the principle of the presumption of innocence. At the same time the views of the thinker concerning the expediency of abandoning the principle of collegiality and the jury trial are of certain interest. His ideas on three types of sentences (acquittal, indictment and under suspicion) and on the need to reason the final act of justice have been considered. Enrico Ferri’s thoughts on the amnesty and pardon, rehabilitation, revision of acquittals, possibility of stricter sentence in verification proceedings, etc. are obviously enriching the science of the criminal process. This article may be of interest to anyone who is engaged in the issues of criminal procedure, criminal law, and criminology, as well as the history of these legal sciences.